Rich Sheridan
Major Breakthrough Against the IRS
Mon Jan 31, 2005 20:36
4.253.80.124
I strongly recommend that you check out the "We The People For Constitutional Education" group. The article below tells of a great accomplishment by Bob Schulz in significantly restricting the IRS' activities against us.
_____________________________________
Dramatic Development:
U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order
Tax Payers Free To Ignore An IRS Summons
Queensbury, NY - On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order.
Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),
"...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order.[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so complying."
Without declaring those provisions of the Code unconstitutional on their face, the court, in effect, nullified key enforcement provisions of the Internal Revenue Code, stripping the IRS of much of its power to compel compliance with its administrative demands for personal and private property. The court characterized IRS summonses issued under Section 7602 as mere "requests."
The court went on to say that the federal courts are there to protect taxpayers from an "overreaching" IRS, and that the IRS must go through the federal courts before force can be applied on anyone by the IRS to turn over personal and private property to the IRS.
(continued...)
Click Here To Access This Important Update
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This message was sent to address bronxrich22@yahoo.com by
--------------------------------------------------------------------------------
We The People Foundation For Constitutional Education
2458 Ridge Road, Queensbury, New York 12804
http://givemeliberty.org/
_____________________________________
Dramatic Development:
U.S. Court of Appeals Rules IRS
Cannot Apply Force Against A Tax Payer
Without A Court Order
Tax Payers Free To Ignore An IRS Summons
Queensbury, NY - On January 25, 2005, the U.S. Court of Appeals for the Second Circuit held that taxpayers cannot be compelled by the IRS to turn over personal and private property to the IRS, absent a federal court order.
Quoting from the decision (Schulz v. IRS, Case No. 04-0196-cv),
"...absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order.[a taxpayer] cannot be held in contempt, arrested, detained, or otherwise punished for refusing to comply with the original IRS summons, no matter the taxpayer's reasons, or lack of reasons for so complying."
Without declaring those provisions of the Code unconstitutional on their face, the court, in effect, nullified key enforcement provisions of the Internal Revenue Code, stripping the IRS of much of its power to compel compliance with its administrative demands for personal and private property. The court characterized IRS summonses issued under Section 7602 as mere "requests."
The court went on to say that the federal courts are there to protect taxpayers from an "overreaching" IRS, and that the IRS must go through the federal courts before force can be applied on anyone by the IRS to turn over personal and private property to the IRS.
(continued...)
Click Here To Access This Important Update
Our Home Page is www.GiveMeLiberty.org
Add Yourself To Our e-Mail List
Delete Yourself From Our e-Mail List
The Landmark Right-To-Petition Lawsuit and Operations of
the WTP Foundation are Funded Solely By Your Generous Support.
This message was sent to address bronxrich22@yahoo.com by
--------------------------------------------------------------------------------
We The People Foundation For Constitutional Education
2458 Ridge Road, Queensbury, New York 12804
http://givemeliberty.org/
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